Written by Ian Cardenas, Lawyer
The Government of Chile has reaffirmed its strong commitment to the safety and health of workers, especially in sectors such as mining, a key industry for both the national and global economy.
On August 9, 2024, as part of the celebration of Miners’ Day, the Ministers of Labor and Social Welfare, Jeannette Jara, and Mining, Aurora Williams, signed the decree enacting International Labor Organisation (ILO) Convention 176, which sets standards on safety and health in mining. This convention was ratified by Congress in December 2023 and submitted to the ILO in July of this year.
Minister Jeannette Jara emphasised the importance of this convention for the country, highlighting that mining is not only essential for Chile’s economy but also for global productivity.
Our mining activity needs to be aligned with the highest standards of occupational safety and health. The goal is for workers to return home safe and healthy after each workday,” – Minister Jeannette Jara
She also recalled past tragedies, such as the San José Mine accident, reaffirming the government’s commitment to reducing fatalities and occupational diseases in the sector.
For her part, Minister Aurora Williams noted the significance of the convention’s enactment coinciding with the celebration of Miners’ Day, stressing that Chile faces the challenge of responsibly delivering critical minerals to the world. “We do so as mandated by the President of the Republic: with environmental and social balance, while caring for each and every one of the diverse workers in mining,” she stated.
A Key Step in Labor Protection
Convention 176 establishes a set of labor guarantees that oblige the state to adapt national legislation to international standards to protect the health and safety of those working in mines.
During the enactment ceremony, held at the University of Santiago de Chile (Usach), Minister Jara highlighted that this international instrument strengthens the rights of mining workers, especially their right to consultation and participation in safety measures addressing industry risks.
Fabio Bertranou, Director of the ILO Office for the Southern Cone of Latin America, praised the Chilean government’s commitment to the ILO regulatory framework, noting that Convention 176 is a significant step towards achieving decent work, particularly in a high-risk sector such as mining.
With the ratification of this convention, Chile joins the 35 countries that have already ratified it, solidifying its position as a leader in implementing international labor standards in the mining industry.
Legislative Adaptation and Next Steps
Chile’s ratification of Convention 176 not only reinforces occupational safety but also requires the country to adjust its laws to align with international standards. Among other provisions, the convention clearly defines the terms “mine” and “employer,” extending these definitions to include contractors and subcontractors.
It also sets out the obligations of both employers and workers to ensure a safe working environment, as well as the designation of a competent authority to oversee and regulate the implementation of safety measures.
The convention will come into force 12 months after its official ratification, allowing Chile to implement the necessary measures to protect workers in this strategic sector. This move further strengthens the commitment of President Gabriel Boric’s government to a decent work agenda and social justice for all Chilean workers.
Conclusion
The enactment of ILO Convention 176 marks a significant milestone for Chile, aligning its mining industry with global standards for occupational safety and health. This step reaffirms the government’s commitment to protecting its workers in a sector that remains crucial for both national development and the global supply of critical minerals. By ensuring that miners return home safely after each shift, Chile not only honors the contributions of those who work in its mines but also strengthens its position as a global leader in responsible and sustainable mining practices.
As the country begins to adapt its legislation to meet the rigorous standards set by the convention, the mining industry is poised to see improvements in worker participation, safety oversight, and overall working conditions. Chile’s ratification of Convention 176 not only reinforces labor protections but also underscores its dedication to social justice and decent work for all. With this convention, Chile paves the way for a safer and more equitable future for mining workers, ensuring that the lessons of the past drive progress and innovation in occupational health and safety.